1. GENERAL INFORMATION
These terms and conditions (“Terms and Conditions”) regulate the use and access of the website under the domain www.clo.es (hereunder, “Website”) and any other subdomains, as well as any content and services that the Website owner provides to its users (hereunder, “User”) and establish together with the Privacy and Cookies Policy, relating to the management of personal data of Users, the terms and conditions by which the Website is governed.
In compliance with the provisions of article 10 of Law 34/2002 of July 11, regarding information society and electronic commerce services, the following general information on this website is provided to visitors and users
CLO EDESIGN INTERNATIONAL S.L. is a commercial company registered in Calle Eresma n5, cp 28002, Madrid with email address firstname.lastname@example.org, telephone +34 910520059 and CIF B-871213286. CLO EDESIGN INTERNATIONAL S.L. is registered at the Mercantile Registry of Madrid, Volume 33021, sheet 46, section 8th, page number M-594430.
The information or personal data you provide about yourself will be treated in accordance with the Data Protection Policy. By using this website you consent to the processing of such information and data and declare that all information or data provided to us are true and correspond to reality.
These terms and conditions conform the contract and regulation of any purchase of products to CLO EDESIGN INTERNATIONAL S.L. in the Website ( Fashion “products”, jewelry, decoration, candles, flowers, home perfumes, tea, household items and books).
The Website invites the User to review these Terms and Conditions prior to purchasing any Product.
3. QUALITY OF ELECTRONIC CONTRACTING SERVICES
CLO EDESIGN INTERNATIONAL, S.L. has made its best efforts to make the representation of the image of the products in the Portal as faithful as possible to reality. Notwithstanding the above, some features, such as colors or texture, may not be properly appreciated from images or suffer variations depending on the conditions of your monitor, so graphic representations have only indicative effects and are not binding on CLO EDESIGN INTERNATIONAL, S.L.
The products published in clo.es are accompanied by the following information:
Name of the article
Price (with taxes included)
Information on colors and sizes
4. PURCHASE OF PRODUCTS
4.1. How to Buy Products
4.2. Availability of Products
All Orders are subject to availability of Products. If any of the products are not available once Purchase Confirmation were sent due to any circumstance, CLO EDESIGN INTERNATIONAL S.L. will inform the users as soon as possible. In this case, CLO EDESIGN INTERNATIONAL S.L. may:
(i) offer the User, without price increase, a product with characteristics and specifications similar to the one initially requested, provided that these are in accordance with the needs of the User; and/or
(ii) offer the User to cancel the Order due to the unavailable product requested and refunding the amount paid for it, within (14) working days
4.3. Refusal to process an Order
Although CLO EDESIGN INTERNATIONAL S.L. will do its best to always process all Orders, there may be exceptional circumstances that oblige it to refuse to process any Order after sending the Order Confirmation, so CLO EDESIGN INTERNATIONAL S.L. reserves the right to do so at any time, at its sole discretion.
CLO EDESIGN INTERNATIONAL S.L. reserves the right to remove any Product from the Website at any time and to remove or modify any material or content from the Website, not being responsible to the User or to any third party for the removal of any Product from the Website, regardless of whether such Product has been sold or not, to remove or modify any material or content from the Website.
4.4 The purchase process
1. Choose the section (novelties, look book, fashion, jewelry, home, lifestyle) and the product category and, where appropriate, the product subcategory.
2. Select the product(s) you are interested in. Through a click you will get an enlargement of the photograph to see detail and back of the product, composition, sizes available, reference and price.
3. Select a garment and add the item to the basket. Then you can choose to continue buying or place the order.
4. If you wish to process an order, you have the option of registering or finalizing the purchase without registration.
5. You will receive the order by standard or express mail or if it is pre-ordered within the period established for that product.
6. Select a payment method: Visa, Visa Electron, Mastercard, American Express, Paypal.
7. Confirm the order.
8. You will receive an email confirming your order.
4.5. Delivery of Products
Once sent the Shipment confirmation, the Products will be delivered to the address indicated by the User when placing the Order within approximately 5 working days from the day of the purchase in Peninsula and Balearic Islands, up to 10 working days in the case of the Canary Islands. In the case of shipping outside Spain, delivery times can reach 15 working days.
In the case of shipments with express service, the delivery time will be 24/48 working hours from the day of purchase.
The delivery will be made through courier service.
Delivery times are approximate, although CLO EDESIGN INTERNATIONAL S.L. tries to adjust to them.
4.6. Delivery cost
Shipping costs include transportation, insurance and customs clearance at the source. For deliveries in countries outside the European Union, customs charges at destination and other taxes (tariffs) are not included; it is the consignee who will have to pay them in cash in order to receive the goods.
The consignee shall be liable for all import costs and taxes incurred at the customs office of destination, whether the goods are delivered or not.
CLO EDESIGN INTERNATIONAL S.L will try that the shipment is carried out in the shortest possible time, but the receiver will have to take into account the dispositions of the country of destination for the importation of the requested articles since CLO EDESIGN INTERNATIONAL S.L. has no responsibility for them. Nor shall CLO EDESIGN INTERNATIONAL S.L. be responsible for the effects of strikes, war conflicts or other circumstances beyond its control.
CLO EDESIGN INTERNATIONAL S.L. will not be responsible for delays in customs clearance or if local authorities decide to confiscate any items contained in the shipment.
4.7. Price and Payment of Products
The prices applicable to each Product will be those published on the Website on the date on which the User places the Order. Even though CLO EDESIGN INTERNATIONAL S.L. tries to ensure that all prices on the Website are correct, errors may occur. In the event that CLO EDESIGN INTERNATIONAL S.L. discovers an error in the price of any of the Products requested by any User, it will inform as soon as possible and give the user the option to reconfirm the Order at the correct price or cancel it. If CLO EDESIGN INTERNATIONAL S.L. fails to contact the User, the Order will be considered canceled and the User will be fully reimbursed for the paid amount.
CLO EDESIGN INTERNATIONAL S.L. shall not be obliged to supply the User with any Product at the incorrect lower price (even if the Shipping Confirmation has been sent) whether the price error is obvious and unambiguous and could reasonably have been recognized by the User as the incorrect price.
Prices can change at any time. However, any changes will not affect the Products for which CLO EDESIGN INTERNATIONAL S.L. has already sent the Shipping Confirmation.
(a) Payment Method
The User can make the payment by credit or debit cards Visa, Visa Electron, Mastercard, American Express or by Paypal. To minimize the risk of unauthorized access, the User’s credit card data will be encrypted. Whether the payment is made by credit or debit card or through Paypal, the charge will be made at the time that CLO EDESIGN INTERNATIONAL S.L. sends the Order Confirmation to the User.
(b) Value added tax (VAT)
The VAT rate applicable will be legally in force to the particular product concerned.
RETURNS AND CHANGES OF PRODUCTS
(a) Right of withdrawal
According to the applicable regulations, in the event that the User is contracting as a consumer, he may withdraw from the contract (except in the cases established by law) and freely return or change the Products delivered at any time within fourteen (14) calendar days from the date of delivery of the same (the “Withdrawal Period”).
After a careful examination of the returned product, for the purpose of meeting the requirements set out in subparagraph (c) below, and in the event that the User does not decide to make a change, CLO EDESIGN INTERNATIONAL S.L. will refund to the User the amount of the Product, except the shipping costs that will be borne by the User as included below:30€ Canary Islands free return shipping for purchases over 200€ otherwise will proceed to charge:
5€ Community of Madrid
15€ Balearic Islands
After the Withdrawal Period, no changes or Product returns will be accepted. Changes will only be accepted for those Products that could have been defective in accordance with paragraph (b) below.
For refunds of promotional items whose discount applies on a single item or discounted promotions on the total of purchase, the amount to be returned shall be that which the customer paid for the item, which will appear on the purchase receipt and not the price that the item had without the promotion.
CLO EDESIGN INTERNATIONAL, S.L. reserves the right to refuse refunds sent out of time, or garments that are not in the same conditions in which they were sent to the customer.
b) Return or replacement of defective products
In the event that the User considers that the Product does not meet the specifications established for the Product, the User must contact CLO EDESIGN INTERNATIONAL S.L. immediately by e-mail at the contact address email@example.com providing the Product details, as well as informing about the defect it has and if the User chooses to return or replace for an identical Product. In that case, the User has to follow the steps indicated in the section of Shipments and returns in the Website
The User may return the Products, at the place where they were delivered, to a courier that CLO EDESIGN INTERNATIONAL S.L. will send or return the Product by its own means. The Products must be returned with their original packaging and suitably protected for its transportation. CLO EDESIGN INTERNATIONAL S.L. reserves the right to refuse returns that do not meet this requirement. After the pertinent inspection of the returned Product, CLO EDESIGN INTERNATIONAL S.L. will send, within a reasonable time, an email to the User informing whether the Product is to be returned or replaced (the “Return or Replacement Decision”). In such case, the return or replacement of the Product will be made as soon as possible and, in any case, within fourteen (14) calendar days following the date of sending the Return or Replacement Decision.
In the event of return or replacement, CLO EDESIGN INTERNATIONAL S.L. will fully refund the User the price of the Product including shipping costs. If the User has opted for the replacement, CLO EDESIGN INTERNATIONAL S.L. will bear all shipping costs. The deadline may be up to 15 working days.
(c) Provisions common to returns
The User must meet the following requirements to make use of the right of withdrawal, as well as to be able to make returns and substitutions of Products:
(i) To organize the collection of the Product, the User must first contact CLO EDESIGN INTERNATIONAL S.L. by sending an email to the contact address firstname.lastname@example.org;
(ii) The User may prove the exercise of the right of withdrawal in any form admitted by law, being considered in any case validly exercised by the return of the Product;
(iii) The Product must be returned under the same conditions as which it was received. CLO EDESIGN INTERNATIONAL S.L. will not refund any amount if the Product has suffered any damage, so the User must be careful with the Product while in its possession; and
(iv) The return will be made in the same means of payment that the User used to pay the Product.
6. USE OF THE WEBSITE
7. INTELLECTUAL PROPERTY
All information contained in the Website, including its graphic design and source code, is protected by copyright and other rights contained in Royal Legislative Decree 1/1996, of 12 April adopting the Consolidated Text of the Law on Intellectual Property, and the other rules governing Intellectual Property.
These rights belong exclusively to CLO EDESIGN INTERNATIONAL S.L., therefore, it is expressly forbidden any act of reproduction, distribution, transformation or public communication, as well as any kind of cession, of the whole or part of the content of the Website, and in general any act of exploitation of all or part of the contents (images, texts, design, indexes, forms, etc.), as well as the databases and the software necessary for the visualization or operation of the same and of any object that according to the legislation in force is protected by the intellectual property regulation.
Users may not exploit or use commercially, directly or indirectly, in whole or in part, any of the content that constitute the Website without the prior written permission of CLO EDESIGN INTERNATIONAL S.L.
Authorization for the use of any content on the Website may be requested from the e-mail address email@example.com. The provisions of the preceding paragraphs shall in no case imply the assumption of responsibility by CLO EDESIGN INTERNATIONAL S.L. for the content, nor shall they give rise to any right to compensation for Users or third parties.
8. INDUSTRIAL PROPERTY
The trademarks, trade names, labels of establishments, denominations, logos, slogans or any type of distinctive sign displayed on the Website and belonging to CLO EDESIGN INTERNATIONAL S.L. and, in particular, the word “CLO EDESIGN INTERNATIONAL S.L.”, without prior written authorization from CLO EDESIGN INTERNATIONAL S.L.
9. LINKS TO THIRD PARTY WEBSITES
The links contained in the Website, referring to advertising or other content, and whose ownership or responsibility lies with third parties other than CLO EDESIGN INTERNATIONAL S.L., are not the responsibility of CLO EDESIGN INTERNATIONAL S.L, who in no case undertakes to control or approve the services, contents, data, files, products and any kind of material existing on the website of third parties. Therefore, CLO EDESIGN INTERNATIONAL S.L will not be liable, under any circumstances, for the legality of the contents of said page/s, being the sole responsibility of the third party all that concerns the content of that link, especially respect for the law, morals, morals and public order. The existence of links does not presuppose a relationship of any kind between CLO EDESIGN INTERNATIONAL S.L and the owner of the website on which it is established.
10. EXEMPTION FROM LIABILITY
CLO EDESIGN INTERNATIONAL S.L disclaims any liability relating to:
(i) The operation of the Website, including force majeure causes, or any other causes beyond the control of CLO EDESIGN INTERNATIONAL S.L, which is not fully operational, or possibly lacking the minimum functionality to manage the relevant service.
(ii) Possible errors or security deficiencies that may occur due to the use by Users of a browser of an outdated or insecure version, as well as by the activation of the User’s password retention devices or identification codes registered in the browser or of any damages, errors or inaccuracies that could result from the malfunction of the browser.
(iii) For any direct or indirect damages that may be caused by the information that is transmitted or communicated on the Website or in its electronic communications, including without limitation the technical or human errors in the published data.
(iv) The damages, including among others, and not limited to these: damages, losses or direct or indirect costs, inherent or consequential, arising in connection with this Website or their use or impossibility of use by any of the parties, or in relation to any failure in performance, error, omission, interruption, defect, delay in operation or transmission, computer viruses or system or line failures.
The User shall be liable for damages of any nature for unlawful or fraudulent acts as well as any damages or damages that CLO EDESIGN INTERNATIONAL S.L or its Users may suffer as a consequence, direct or indirect User’s failure to comply with these Conditions of Use, CLO EDESIGN INTERNATIONAL SL, being reserved for actions to which it is entitled before the relevant judicial or law enforcement authorities.
Although it employs its best efforts, CLO EDESIGN INTERNATIONAL S.L cannot guarantee continuous and uninterrupted access and use of its Website, as well as legal consequences that can be derived from the orders made by minors or incapacitated, In such cases, their parents, legal guardians or whoever corresponds according to their personal law. The clo.es website is not intended for children.
12. CONTACT AND WRITTEN COMMUNICATIONS
For any questions or issues related to the Orders, the User should contact CLO EDESIGN INTERNATIONAL S.L by sending an email to the following address firstname.lastname@example.org.
13. JURISDICTION AND APPLICABLE LAW